Can I get my rental deposit back in Austria?
Yes — you can reclaim your deposit. Once the tenancy ends and the flat is properly handed back, the landlord must repay the deposit without undue delay, and with interest: since 2009 the deposit must be invested productively (e.g. on a savings account) and kept separate from the landlord's own money. The norm is 3 months' gross rent; the Supreme Court treats about 6 months' gross rent as the ceiling. The landlord may withhold only for unpaid rent or damage beyond normal wear and tear. A handover protocol with photos is decisive in any dispute. In short: yes, with interest and promptly.
📋 The rules
- Repayment without delay after the flat is returned
- The deposit must be repaid with interest
- Norm 3, ceiling about 6 months' gross rent
- Withholding only for unpaid rent or damage
- Handover protocol + photos secure the evidence
🔓 Exceptions
- Normal wear and tear cannot be deducted
- A higher deposit is lawful for high rent or furnished flats
- Deposit disputes go to the district court, not the arbitration board
⚠️ Penalties & fines
There's no administrative fine — reclaiming is a civil matter. If the landlord doesn't pay, you sue for the withheld sum plus interest at the district court; set a written deadline first. The usual deposit is 3 months' gross rent, and more than about 6 is generally unlawful. Beware a myth: "the landlord can keep the deposit for repainting" is false — ordinary wear and tear is covered by the rent and cannot be charged against the deposit; only real damage or rent arrears justify withholding. Tip: do a handover protocol with photos when you move out.
📎 Official sources
- oesterreich.gv.at · deposit →
- Tenants' Association · deposit FAQ →
- Chamber of Labour Vienna · deposit →
❓ Frequently asked
When must the deposit be repaid?
Without undue delay after the tenancy ends and the flat is properly returned, though the landlord is allowed a reasonable period to inspect. The deposit must be repaid together with the interest that has accrued on it.
How high can the deposit be?
There is no statutory maximum, but three months' gross rent is the norm. The Supreme Court treats about six months' gross rent as the upper limit; more is lawful only where there is a special security interest, such as a furnished flat.
Can the landlord withhold anything?
Only for unpaid rent or for damage that goes beyond normal wear and tear. Ordinary signs of use are covered by the rent and cannot be deducted. A handover protocol with photos helps avoid disputes.
Do I get interest on the deposit?
Yes. Since 2009 the landlord must invest the deposit productively and separately from their own assets, for example on a savings account. On repayment, the interest that has accrued must be paid out to you as well.
What if the landlord won't pay?
First set a written deadline for repayment. If they still don't pay, you can sue for the sum plus interest at the district court. Unlike some rent disputes, reclaiming the deposit does not go through the arbitration board.
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